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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » setting aside
THE ABSENCE OF A GOOD REASON FOR NOT ATTENDING A TRIAL LEADS TO DEFENDANT'S APPLICATION TO SET ASIDE BEING REFUSED

THE ABSENCE OF A GOOD REASON FOR NOT ATTENDING A TRIAL LEADS TO DEFENDANT’S APPLICATION TO SET ASIDE BEING REFUSED

March 9, 2022 · by gexall · in Applications, Members Content, Setting aside judgment

The judgment of Deputy Master Scher in Miah v Ullah [2021] EWHC 3712 (Ch) contains an important reminder of the rigorous test a party has to meet when they fail to appear at a trial.  The Master found that the…

DEFENDANTS FAIL TO HAVE DEFAULT COSTS CERTIFICATE OF  US$3 MILLION SET ASIDE: DRAFT POINTS OF DISPUTE NOT AVAILABLE AT THE APPLICATION

DEFENDANTS FAIL TO HAVE DEFAULT COSTS CERTIFICATE OF US$3 MILLION SET ASIDE: DRAFT POINTS OF DISPUTE NOT AVAILABLE AT THE APPLICATION

May 12, 2021 · by gexall · in Applications, Assessment of Costs, Costs, Default judgment,, Members Content, Relief from sanctions

In  National Bank of Kazakhstan & Anor v The Bank of New York Mellon SA/NV, London Branch & Ors [2021] EWHC B7 (Costs) Costs Judge Rowley refused an application by the defendants to set aside a default costs certificate.  This…

COURT SET ASIDE A JUDGMENT OBTAINED 10 YEARS LATER: COURT FINDS THAT DOCUMENTS WERE FORGED BY DEFENDANTS: ANOTHER ROUND IN A BARE KNUCKLE FIGHT

COURT SET ASIDE A JUDGMENT OBTAINED 10 YEARS LATER: COURT FINDS THAT DOCUMENTS WERE FORGED BY DEFENDANTS: ANOTHER ROUND IN A BARE KNUCKLE FIGHT

October 26, 2020 · by gexall · in Civil Procedure, Members Content, Setting aside judgment

In March last year I wrote about the Supreme Court’s decision in Takhar v Gracefield Developments Ltd & Ors [2019] UKSC 13. In that case the Supreme Court held that a claimant could bring an action to set aside an earlier judgment which,…

CIVIL PROCEDURE BACK TO BASICS 48: AN APPLICATION TO SET ASIDE AN ORDER MADE WITHOUT NOTICE  IS A REHEARING AND NOT A REVIEW (& NO NEED TO WORRY ABOUT THE TIBBLES CRITERIA GETTING ITS CLAWS INTO THE CASE EITHER)

CIVIL PROCEDURE BACK TO BASICS 48: AN APPLICATION TO SET ASIDE AN ORDER MADE WITHOUT NOTICE IS A REHEARING AND NOT A REVIEW (& NO NEED TO WORRY ABOUT THE TIBBLES CRITERIA GETTING ITS CLAWS INTO THE CASE EITHER)

July 2, 2019 · by gexall · in Applications, Members Content, Setting aside judgment

One point that arose from the Court of Appeal decision in Al-Zahra (PVT) Hospital & Ors v DDM [2019] EWCA Civ 1103 contains observations which indicate that it is easy to lose sight of a basic point in relation to orders…

THINKING OF MAKING AN APPLICATION FOR A WITHOUT NOTICE INJUNCTION? BEST READ THIS JUDGMENT

THINKING OF MAKING AN APPLICATION FOR A WITHOUT NOTICE INJUNCTION? BEST READ THIS JUDGMENT

June 19, 2019 · by gexall · in Applications, Conduct, Members Content

Any public body, indeed anyone, considering making an application for a without notice injunction is best advised to read the judgment of  Mr Justice Warby in Birmingham City Council v Afsar & Ors [2019] EWHC 1560 (QB).   “Urgency can…

SETTING ASIDE AN ORDER ON COURT'S OWN INITIATIVE: A REDETERMINATION OF THE  MATTER AND NOT SUBJECT TO TIBBLES PRINCIPLES

SETTING ASIDE AN ORDER ON COURT’S OWN INITIATIVE: A REDETERMINATION OF THE MATTER AND NOT SUBJECT TO TIBBLES PRINCIPLES

August 30, 2018 · by gexall · in Applications, Civil Procedure, Members Content

There is a short passage in the judgment today of Master Clark in Massimo Osti SRL v Global Design And Innovation Ltd & Anor [2018] EWHC 2263 (Ch) that provides an important reminder of the relevant principles that apply when a…

LAST REMINDER OF NEW YEAR'S RESOLUTION FOR 2017: WITHOUT NOTICE APPLICATIONS ARE SO, SO, DANGEROUS: THE DUTY OF FULL DISCLOSURE EXTENDS TO WEAKNESSES IN YOUR OWN CASE

LAST REMINDER OF NEW YEAR’S RESOLUTION FOR 2017: WITHOUT NOTICE APPLICATIONS ARE SO, SO, DANGEROUS: THE DUTY OF FULL DISCLOSURE EXTENDS TO WEAKNESSES IN YOUR OWN CASE

December 18, 2017 · by gexall · in Applications, Avoiding negligence claims, Conduct, Injunctions, Members Content

The one New Year’s Resolution I recommended to litigators for 2017 was to be very, very, wary of without notice applications. As we get near to the end of the year this advice is borne out by the judgment of…

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